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KHi all,
I’m seeking legal advice regarding a troubling property dispute involving my grandmother.
She has been in continuous, peaceful possession of a residential property since 1987. The property was originally acquired by her mother (my great-grandmother) through a registered sale agreement and power of attorney. The seller’s authorized representative handled the transaction, and even the seller’s family was aware and supportive at the time.
Due to my great-grandmother’s old age and illiteracy, she executed a General Power of Attorney in favor of my grandmother in the early ’90s. My grandmother then handled all municipal processes—khatha transfer, property tax payments, construction permits, and even paid betterment charges. In 2018, she was gifted the property formally via a registered Gift Deed. All documents are clear and in her name.
Suddenly, a person claiming to be the son of the original owner has issued a legal notice alleging that this property is part of his ancestral estate and that my grandmother acquired it fraudulently. These claims were never made in over three decades. We’re confident this is happening only now because of the rising value of the property.
We’ve been accused of illegally occupying the property, fabricating documents, and even interfering with the claimant—none of which is true. The property has a house built on it and is currently rented out. All taxes and dues have been paid without issue.
We have:
• The original sale agreement and power of attorney from the 1980s
• GPA to my grandmother
• Tax and municipal records
• Registered Gift Deed
• Rectification deed (recent)My grandmother is elderly, and this is clearly an intimidation tactic. As her grandson, I want to protect her and take the right legal steps.
What would be the ideal next course of action? Should we file a declaratory suit to confirm title and seek a permanent injunction? Are there any preventive steps we can take to stop harassment?
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MAs a Lawyer I can advise you the following:
1. Firstly, hire a lawyer and reply to the legal notice. 2. Watch for further harassment or attempts to encroach.
3. Depending upon the situation then file a declaratory suit + permanent injunction if the harassment and trespass is prevalent. No need to outright file case in a hurried manner. First they will have to file a suit (case) claiming possession of this flat. At that particular time proceed to file a suit as mentioned above. -
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